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- Title
Provision of Notice for Divorce/Talaq after Pronouncement in Pakistan: An Analysis along-with Recommendations for Reform in Section 7 of the Muslim Family Law Ordinance, 1961.
- Authors
Quddus, Usman; Khan, Muhammad Arif; Alam, Wasim; Mir, Khurram Naeem; Khan, Muhammad Haider
- Abstract
Provision of notice for ‘talaq/divorce’ by either of the spouse for the purpose of effecting reconciliation between the parties by an arbitration council is a contentious issue in the Pakistani Law. This is evident from the turmoil faced by the Pakistani apex court in interpreting the provision of notice for talaq as enumerated in section 7 of Muslim Family Law Ordinance, 1961, when three triple talaq are announced by either of the spouses. The purpose of this paper is to propose reforms in the section 7 of Muslim Family Law Ordinance, 1961 pertaining to talaq divorce under Pakistani Law. The methodology adopted is case law analysis along with sharia appraisal of the issue. The findings of the paper mandate reform of section 7 of the Muslim Family Law Ordinance, 1961. The limitation of this study is a comparative analysis. The result of the reform proposed has a serious implication for the masses of Pakistan as people are majority Muslims and require a provision of talaq that is in accordance with their system of interpretation. A reformed section 7 has not been proposed before in this form.
- Subjects
PAKISTAN; ISLAMIC law; DOMESTIC relations; DIVORCE; REFORMS; JUDGE-made law; RECONCILIATION
- Publication
Pakistan Vision, 2020, Vol 21, Issue 1, p492
- ISSN
1681-5742
- Publication type
Article